Uniform defamation laws close, say states

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Truth alone would be a defence under reformed national
defamation laws to be outlined today by the attorneys-general.

The states and territories claim to be poised to deliver uniform
defamation laws with proposals agreed to at a meeting of
attorneys-general in New Zealand. The laws would rule out
defamation of dead people, remove the right of corporations to sue
individuals for defamation and cap damages to the levels of awards
for personal injury.

Victorian Attorney-General Rob Hulls said the reform package was
a historic achievement and a slap in the face for federal
Attorney-General Philip Ruddock.

A Commonwealth reform proposal would have required truth and
public interest as a defence against defamation and permitted
representatives to sue on behalf of dead people who had been
defamed.

Defamation lawyer with Minter Ellison, Cindy Christian, welcomed
the proposed changes that she said would put a stop to plaintiffs
"shopping around".

"I think publishers and lawyers would welcome uniform defamation
laws. A single code would be a very progressive step," Ms Christian
said.

She said the issue of truth as a stand-alone defence had been
the sticking point in defamation law reform since the 1970s.

A spokesman for Mr Ruddock said that while the states appeared
to have made progress, they were a long way from delivering uniform
laws and differed on several points.

"If they fail to (achieve uniformity) we will proceed with the
Commonwealth bill," the spokesman said.

A statement issued by the attorneys-general said the model bill
would be taken to their respective cabinets before laws were
introduced in 2006.